Dont know what to do

[ytseb]

I have found my new nanny job through an agency. My wages have changed because the agency have told my employer they need insurance money so I will be getting less. I've not received a letter to say I've got the job, so do I have the right to change my mind.

yes course as they have changed what you accepted.

Thanks
I really like the family and they have been drawing up a contract but I'm now getting second thoughts due to the agency. I don't know how I would stand if the family have paid any fees for finding me. I'm in a bit of a dilemma

What does the agencies financial arrangement with the employer have to do with the contract between the employer and you? I don't understand how that can affect things so much. Actually I do have a feeling... did the nanny agency tell you to agree a Net wage? Or did you tell the agency that you wanted a specific Net wage? Or have you been discussing all salary things with your employer as Gross wage?

Looking at contracts... have you at this stage signed a contract of employment between you and your to-be-employer? Have you verbally accepted the job based on the salary you were notified about prior to verbally accepting the job?

The agency has put you in touch with the employer, so I would expect the family will be liable for agency fees. Agency will have it's own procedures in place for the eventuality of a nanny not starting a job, or leaving after a short period. If the agency did not follow the instructions given to them by their client (the family) with regard to salary level, then that may be a reason for the family not to pay the full agency fee... but that's between the family and the agency to sort out.

You like the family, they like you... so can you come to some arrangement? You are not telling us exactly what has gone wrong, so at the moment I can only guess... it may be the case that the parents have not calculated how much a nanny would really cost them once all costs were taken into account.

How are things currently left... have they offered a lower salary? Is that a salary you feel able to accept?

Thanks Nannynick I think I'm going to get some legal advice tomorrow just about the situation.

Make sure you have as much information as possible about what has happened, so you are able to talk to a lawyer briefly - legal advice is often provided as part of nanny insurance but you may need to leave a brief message and someone will then call you back later, so be very clear as to what you need advice about. I would suggest you consider what it is you have agreed to so far, if that agreement is in writing or is verbal and if it is direct or through a third party (agency).

My wages have changed because the agency have told my employer they need insurance money

I would love to know what you mean by that... what insurance money and why does the agency need it? That's how it reads to me, though may not be what the agency meant. They may have meant things collected by HMRC such as Employees National Insurance Contribution, Employers National Insurance Contribution - both of which are things the parent pays over to HMRC... the first is deducted from your salary and paid on your behalf, the latter is a cost employers have to pay. Is the agency possibly talking about one (or even both) of those?

I would read insurance money as rainy day money, meaning the family have done the maths and realise that with akk the extra coats the books only just balance.

without a signed contract you can change you mind at any time

even when contract is signed, normally the first few weeks either side can give 1 weeks notice.

If family are realising they cant afford you then should send alarm bells ringing.
Call the agency and speak to them. You will presumably have told them what salary you require? The family will have told them what they can / will pay.

When agency realised family are paying you less than you require then im sure they wont mind at all. Family only pay for nannies who start (not nannies who accept, but change mind without starting)

Dont worry about it. Its YOUR life and if this is not the job for you then better for everyone that you just say now.

Dont think you need to bother with legal advice, especially if no contract signed and you havent even started yet. A call to the agency should sort everything easily.

Family only pay for nannies who start (not nannies who accept, but change mind without starting)

I disagree with that nannyl, as I found this in an agencies terms & conditions:
"Fees are payable by the Client on the acceptance, either verbally or in writing, by a Candidate of a position with the Client."
The same agencies T&Cs goes on to mention a refund policy, whereby if a nanny does not start, then the client gets a free replacement - provided that they have paid the placement fee, and "has not been cancelled by the Candidate because of unreasonable demands by the Client; or unreasonable working conditions; or a change in the job description; or a change in location; or a breach of the employment contract (whether signed or not) or employment regulations (including pay)"

In this particular case the last bit of that is possibly of interest, as ytseb may be saying that the job is not something they want to proceed with due to a change in pay. I would however be wondering if the agency in some way have changed the pay due to the agency needing insurance money - I still don't understand what that insurance money actually is for... insurance against what happening?

maybe they mean employERS NI? perhaps they hadnt budgeted for that?

I have learnt something new today nannynick

maybe they mean employERS NI? perhaps they hadnt budgeted for that?

I have learnt something new today nannynick

If the agency had not told them about all the costs involved in hiring a nanny, is the agency at fault? I could well be Employers NI. It does bump up the cost to employer by several thousand a year for a full time nanny.

If the parents used Mumsnet, they would have known about all the costs involved, we discuss the topic fairly regularly... alas not everyone uses Mumsnet.

I don't think the agency can be held accountable for parents not understanding properly costs involved.